---
title: "Check whether compensation law bars the safety-defect claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim"
type: "task"
site: "AI Law Framework"
id: "A21-PR20261023-8"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check whether compensation law bars the safety-defect claim

> From the file, list any amount already paid, and any scheme named on the file, for workers' compensation or for a law said to give effect to an international agreement. Do not decide that Part 3-5 is unavailable.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the file, list any amount already paid, and any scheme named on the file, for workers' compensation or for a law said to give effect to an international agreement. Do not decide that Part 3-5 is unavailable. |
| What the lawyer must review | Decide whether s 146 applies. Division 1 does not apply to loss for which an amount has been, or could be, recovered. Apply the bar to an amount that has been, or could be, recovered, not only to money already paid. Read the state workers' compensation Act in force. Those Acts were not opened. Keep health and wage records in a firm-controlled tool. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The lawyer decides whether Division 1 is excluded before a safety-defect claim is commenced.

- What the AI does: From the file, list any amount already paid, and any scheme named on the file, for workers' compensation or for a law said to give effect to an international agreement. Do not decide that Part 3-5 is unavailable.
- What the lawyer does: Decide whether s 146 applies. Division 1 does not apply to loss for which an amount has been, or could be, recovered. The bar covers an amount that has been, or could be, recovered. It is not limited to money already paid. The state workers' compensation Acts were not opened. The lawyer reads the Act in force. Keep health and wage records in a firm-controlled tool.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. The Commonwealth text opened was the AustLII consolidation.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Record amounts already recovered and amounts that could be recovered. Do not stop at payments received.
2. Separate a workers' compensation law from a law that gives effect to an international agreement.
3. Do not treat a motor-accident or treatment scheme as a workers' compensation law unless the lawyer says it is one.
4. Keep the s 146 conclusion off any negligence count until the lawyer looks at that count's own recovery rules.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Australian Consumer Law (Schedule 2), s 146](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-compensation-law-bars-the-safety-defect-claim/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*